PRINTER'S NO. 1152
No. 995 Session of 1999
INTRODUCED BY BELL, MAY 25, 1999
REFERRED TO STATE GOVERNMENT, MAY 25, 1999
AN ACT
1 Requiring certain tourism agencies to make their records open
2 for public inspection and copying; and providing for a right
3 of action.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Tourism
8 Agency Open Records Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Record." Any account, voucher or contract dealing with the
14 receipt or disbursement of funds by a tourism agency or its
15 acquisition, use or disposal of services or of supplies,
16 materials, equipment or other property and any minute, order or
17 decision by a tourism agency fixing the personal or property
18 rights, privileges, immunities, duties or obligations of any
1 person or group of persons. The term does not include any
2 record, document, material, exhibit, pleading, report,
3 memorandum or other paper, access to or the publication of which
4 is prohibited, restricted or forbidden by statute law or order
5 or decree of court, or which would operate to the prejudice or
6 impairment of a person's reputation or personal security,
7 excepting therefrom however the record of any conviction for any
8 criminal act. The term includes expense reports of its officers,
9 employees or delegated representatives.
10 "Tourism agency." A State, county, city or municipal tourism
11 promotion or information agency which receives any form of
12 public moneys, whether in the form of a grant, loan or
13 appropriation from any public source.
14 Section 3. Accessibility of records.
15 Every record of a tourism agency shall, at reasonable times,
16 be open for examination and inspection by any citizen of this
17 Commonwealth.
18 Section 4. Copying authorized.
19 Any citizen of this Commonwealth may take extracts or make
20 copies of records and may make photographs or photostats of the
21 same while such records are in the possession, custody and
22 control of the lawful custodian thereof or his authorized
23 deputy. The lawful custodian of such records may adopt and
24 enforce reasonable rules governing the making of such extracts,
25 copies, photographs or photostats.
26 Section 5. Right of action.
27 Any citizen of this Commonwealth who is denied any right
28 granted to that citizen under this act may bring a cause of
29 action to enjoin the tourism agency into complying with this
30 act. If the court determines that the denial was not for just
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1 and proper cause under this act, it may enter such order for
2 disclosure as it may deem proper.
3 Section 6. Effective date.
4 This act shall take effect in 60 days.
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